TITLE 41: FIRE PROTECTION
CHAPTER III: BOARD OF BOILER AND PRESSURE VESSEL RULES
PART 2123 BOILER AND PRESSURE VESSEL RULES FOR HEARINGS
SECTION 2123.80 PREHEARING NEGOTIATIONS


 

Section 2123.80  Prehearing Negotiations

 

a)         The Board may form Committees of its members to participate in hearings, and along with the hearing officer, submit reports to the full Board.

 

b)         The Office and the respondent may stipulate to facts and may agree to discipline conditioned upon Board acceptance.  If the agreement is acceptable to the Committee, it shall signify its consent with signatures of a majority of its members on the written agreement.  Such signed agreement shall be considered the Conclusions of Law, Findings of Fact, and Recommendation to the Board.  If the Board rejects the agreement, the respondent shall then be entitled to a hearing on the merits.  It shall not be a bar to participation in the hearing by a member that has previously considered a proposed agreement under this Section.

 

c)         A respondent may waive his right to have discipline imposed only upon the action and report in writing of the Board.